Full question:
My wife's grandmother died and left her a family heirloom (dresser) of which we do not know the value. We took it to a bona fide refinisher and carpenter who has scheduled six separate deliveries with us not once delivering our dresser or calling to inform they were not delivering. We have not paid anything but it has been over two months since the first delivery was scheduled. What legal recourse do I have to either get our antique back or get compensated for the value of the dresser.
- Category: Civil Actions
- Subcategory: Conversion
- Date:
- State: Texas
Answer:
You may consider filing a civil suit for conversion against the refinisher or carpenter. Conversion occurs when someone unlawfully retains or uses someone else's property. In this case, the refinisher's failure to return your dresser after multiple scheduled deliveries may qualify as conversion.
To succeed, you must show that you demanded the return of the dresser and that the refinisher refused. If you win, you could recover damages equal to the dresser's replacement value and any loss of its use. While conversion is similar to theft, it is a civil matter, not criminal. For example, if a mechanic refuses to return a car after repairs, they could be liable for conversion.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.